1991-12
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RESOLUTION NO. OL-91-012
A RESOLUTION OF THE OLIVENHAIN
COMMUNITY ADVISORY BOARD APPROVING A
MINOR USE PERMIT AND VARIANCE FOR
FOR THE PURPOSE OF A GARAGE AND STORAGE AREA
IN A DETACHED ACCESSORY STRUCTURE
OF 710 SQUARE FEET AND 16' IN HEIGHT,
AND ALLOWING FOR A 7' STREET SIDE YARD SETBACK
,FOR PROPERTY LOCATED AT 2018 W. 14TH STREET
(CASE NO. 91-073-MIN/V; PHILIP RIGANO)
WHEREAS, Philip Rigano, applied for a Minor Use permit and
Variance to allow a detached accessory structure for the purpose of
a 3 car garage and storage area at 16' in height and
7' street
side yard setback,
for a total of 710 sq.
ft. as required by
Section 30.48.040, Band G, Chapter 30.74
Use Permits, and Chapter
30.78 Variances, of the City of Encinitas Zoning Ordinance;
WHEREAS, a public hearing was conducted on the application, by
the Olivenhain Community Advisory Board on June 18, 1991, and all
persons desiring to be heard were heard; and
WHEREAS, evidence was submitted and considered to include
without limitation:
a.
Site plan, elevations and landscape plan dated /April
22, 1991 first floor plan, second floor plan, and
elevations submitted by the applicant;
Written information submitted with the application;
Oral testimony from staff, applicant, and public made a
part of the record at said public hearing;
CAB staff report (91-073-MIN/V) dated June 12,1991 which
is on file in the Department of Planning and Community
Development; and
Additional written documentation.
b.
c.
d.
e.
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NOW THEREFORE,
BE IT RESOLVED by the Olivenha,in Community
Advisory Board of the City of Encinitas that the Minor Use permit
is hereby approved subject to the following findings:
A. That the land use and design proposed are consistent with
the general plan since detached accessory structures of this
nature are allowed in this rural zone and is consistent with
similar uses in the same zone and area.
B. The location, size design or operating characteristics of
the proposed project will not be incompatible with and will
not adversely affect and will not be materially detrimental to
adjacent uses, residences, buildings, structures or natural
resources, with consideration given to, but not limited to:
( 1)
The adequacy of public facilities, services and utilities
to serve the proposed project since they are available;
(2 )
The suitability of the site for the type and intensity of
use or development which is proposed, since it is
presently a rural residential zone; and
( 3)
The harmful effect, if any, upon environmental quality
and natural resources of the City, since the use is a
common accessory use to a single family dwelling use; or
C. The impacts of the proposed project will not adversely
affect the policies of the existing Encinitas General Plan or
the provisions of this Code, since it is proposed to be
constructed to match the ~xisting dwelling, and it will be
solely for the private use of the family and friends and not
for rental; and
D. If the variance is granted, the project complies with all
other regulations, conditions or policies imposed by this
Code.
BElT FURTHER RESOLVED that the Minor Use Permit is approved
subject to the following STANDARD conditions:
1. This approval will expire on June 18, 1991, two years
after the approval of this project unless the conditions have
been met or an extension has,been approved by the Authorized
Agency;
2. This approval may be appealed to the authorized agent
within 15 days from t~e date of this approval;
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3. At all times during the effective period of this permit,
the applicant shall obtain and maintain in valid force and
effect, each and every license and permit required by a
governmental agency for the operation of the authorized
activity;
4. At no time during the effective period of this permit
shall the applicant be delinquent in the paYment of taxes or
other lawful assessments relating to the property which is the
subject of this permit;
5. In the event that any of the conditions of this permit are
not satisfied, the Planning Department shall cause a noticed
hearing to be sent before the authorized agency to determine
why the City of Encinitas should not revoke this permit;
6. Upon a showing of compelling public necessity demonstrated
at a noticed hearing, the City of Encinitas, acting through
the authorized agency, may add, amend, or delete conditions
and regulations contained in this permit;
7. Nothing in this permit shall relieve the applicant from
complying with the conditions and regulations generally
imposed upon activities similarly in nature to the activity
authorized by this permit;
8. Nothing in this permit shall authorize the applicant
intensify the authorized activity beyond that which
specifically described in this permit;
to
is
9. Approval of this request shall not waive compliance with
any sections of the Zoning Development Code and all other
applicable City Ordinances in effect at the time of Building
Permit issuance;
10. The applicant shall comply with the latest adopted
Uniform Building Code, Uniform Mechanical Code, Uniform
Plumbing Code, National Electric Code, Uniform Fire Code, and
all other applicable codes and ordinances in effect at the
time of building permit issuance if applicable;
11. This approval shall become null and void if building
permits are not issued for this project within two years from
the date of project approval, if applicable;
12. All Permits from other agencies will be required when
applicable; and
13. Project is approved as submitted and shall not be altered
without Community Advisory Board review and approval.
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BE IT ALSO RESOLVED, by the Olivenhain Community Advisory
Board that the Variance is hereby APPROVED in accordance with the
following findings:
A.
A variance from the terms of the zoning ordinances shall
be granted only when, because of the special
circumstances applicable to the property, including size,
shape, topography, location or surroundings, the strict
application of the zoning ordinance deprives such
property of privileges enjoyed by other property in the
vicinity and under identical zoning classification.
Evidence:
There appears to be no special circumstances of the
property that would make it difficult for the applicant
to construct the detached garage/storage structure at the
required IS' setback. However, since the purpose of the
set back is to allow for adequate visual access entering
and leaving the private access easement, and there is
considerable dense, high vegetation existing in the
required 15' setback at this time, the need for the
structure to be setback for better visual access is
already negated by the landscape that currently blocks
that visual access.
Since there is adequate room on site to provide the
required 15' street side yard setback, it cannot be said
that the site has special circumstances of size, shape,
topography, or location, however to require that the
structure be setback the IS' will not provide the visual
access anticipated due to the location, and size of the
existing dense, mature vegetation.
B.
A variance will not be granted for a parcel of property
which authorizes a use or activity which is not otherwise
expressly authorized by the zoning regulation governing
the parcel of property. The provisions of this section
shall not apply to conditional use permits.
Evidence:
The granting of this variance would not authorize a use
or activity not expressly authorized by the zoning
regulations governing this property since the use of a
garage and storage area is a common accessory use to a
single family dwelling unit.
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c.
No variance shall be granted if the inability to enjoy
the privilege enjoyed by other property in the vicinity
and under identical zoning classification:
1.
Could be avoided by an alternate development plan;
which would be of less significant impact to the
site and adjacent properties than the project
requiring a variance.
2.
Is self-induced as a result of an action taken by
the property owner or the owner's predecessor;
3.
Would allow such a degree of variation as to
consti tute a rezoning or other amendment to the
zoning code; or
4.
Would authorize or legalize the maintenance of any
private or public nuisance.
Evidence:
The need for the variance can be avoided by resiting the
structure so as to accommodate the required 15' street
side yard setback. The present proposal is a better
design for the applicant because it allows for more
usable backyard/outdoor recreation area for the single
family use. Therefore, it may be able to be argued that
this development plan would be of less significant impact
to the site and adjacent properties than the project not
requiring a variance. The need for the variance is self-
induced by the appl~cant in order to save more usable
yard area. The request would not constitute a rezoning
or other amendment to the zoning code, and would not
authorize a private or public nuisance.
BE IT FURTHER RESOLVED that the Minor Use Permit and Variance
1.
are approved
subject to the following ADDITIONAL conditions:
2.
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The detached accessory structure of 710 square feet at a
maximum height of 16' will be allowed for the purpose of
a three car garage and storage area and shall be limited
to the private use of the family and friends and shall
not be rented.
The proposed structure will be constructed and painted to
match the existing single family residence on the site as
shown on the plans dated April 22, 1991 and on file in
the Department of Planning and Community Development.
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3.
A covenant shall be recorded in the office of the County
Recorder agreeing that the structure may not be rented.
4.
Address numbers shall be clearly visible from the street
fronting the structure. The height of numbers shall
conform to Fire District Standards. Where structures are
located off a roadway on long driveways, a monument
marker shall be placed at the entrance where the driveway
intersects the main roadway.. Permanent numbers shall be
affixed to this marker.
5.
Prior to final development approval, the applicant shall
submit to the Planning Department a letter from the Fire
District stating that all development impact, plan check
and/or cost recovery fees have been paid or secured to
the satisfaction of the Fire District.
PASSED AND ADOPTED
following vote, to wit:
Ayes:
Nays:
Absent:
Abstain:
ATTEST:
this
18th
day
of
1991,
by
the
June,
Boardmembers DuVivier, Perkins, Van Slyke, Post, Schafer
None
None
None
Charles DuVivier, Chairman of the
Olivenhain Community
Advisory Board
/ C ,,', / C.
~ ¿' ;(r"
LI :'c~aNIi)~'s";/ ' , <", ~
Associate Planner
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